Samora v. Colvin

Filing 23

*ORDER granting 21 Motion for Attorney Fees. Plaintiff is awarded $4,039.63 in attorney's fees and $400.00 in costs. Signed by Judge David G Campbell on 9/12/2014.(DGC, nvo) *Modified to add text on 9/12/2014 (LSP).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Freddy Allen Samora,

No. CV-13-01703-PHX-DGC

Plaintiff,

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v.

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ORDER

Carolyn W. Colvin,

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Defendant.

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Plaintiff brought this action for judicial review pursuant to 42 U.S.C. § 405(g)

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after his application for disability benefits was denied. Doc. 1. The Court reversed

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Defendant’s decision and remanded the case for further proceedings. Doc. 19.

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Plaintiff has filed a motion for attorney’s fees and costs pursuant to the Equal

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Access to Justice Act, 28 U.S.C. § 2412 (“EAJA”). Doc. 21. Defendant has responded

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(Doc. 22) and no party has requested oral argument. For reasons that follow, the Court

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will grant the motion and award Plaintiff attorney’s fees in the amount of $4,039.63 and

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costs in the amount of $400.00.

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“The EAJA creates a presumption that fees will be awarded to prevailing parties.”

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Flores v. Shalala, 49 F.3d 562, 567 (9th Cir. 1995). Plaintiff is a prevailing party

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because this matter was remanded pursuant to sentence four of the Social Security Act,

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42 U.S.C. § 405(g).

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Gutierrez v. Barnhart, 274 F.3d 1255, 1257 (9th Cir. 2001). The Court should award

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reasonable attorney’s fees under the EAJA unless Defendant shows that her position in

Doc. 19; see Shalala v. Schaefer, 509 U.S. 292, 301 (1993);

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this case was “substantially justified or that special circumstances make an award

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unjust.” 28 U.S.C. § 2412(d)(1)(A); see Gutierrez, 274 F.3d at 1258. A position is

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substantially justified “if it has a reasonable basis in fact and law.” Pierce v. Underwood,

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487 U.S. 552, 566 n.2 (1988).

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Defendant does not contend that an award of fees in this case would be unjust.

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Nor has she shown that the positions taken in defense of the ALJ’s erroneous decision

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were substantially justified.

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Defendant argues that her position was substantially justified because it was

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“reasonable in law and fact.” Doc. 22 at 3. The Court found that the ALJ committed

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legal error by failing to identify legally sufficient reasons for rejecting the opinion of Dr.

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Angulo, an examining psychologist. Doc. 19 at 5-8. The uncontroverted opinion of a

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treating or examining physician can be rejected only for “clear and convincing reasons,”

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and a contradicted opinion may be rejected “for specific and legitimate reasons that are

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supported by substantial evidence in the record.” Lester v. Chater, 81 F.3d 821, 830 (9th

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Cir. 1995) (internal citation omitted). The Court found that the ALJ did not identify any

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evidence that contradicted Dr. Angulo’s opinion and failed to provide clear and

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convincing reasons for rejecting his opinion. Doc. 19 at 5-8. Because the ALJ failed to

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provide clear and convincing reasons for rejecting Dr. Angulo’s opinions, his decision

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did not comport with the Ninth Circuit’s requirements and constituted legal error.

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Defendant’s position therefore cannot be said to have a “reasonable basis in law,” and

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was not substantially justified.

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Plaintiff’s counsel, Tye Smith, has filed an affidavit (Doc. 21-1) and an itemized

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statement of fees (Doc. 21-2) showing that 21.60 hours of work were performed on this

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case. Having reviewed the affidavit and the statement of fees, and having considered the

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relevant fee award factors, see Hensley v. Eckerhart, 461 U.S. 424, 429-30 & n.3 (1983),

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the Court finds that the amount of the requested fee award is reasonable.

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IT IS ORDERED:

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1.

Plaintiff’s motion for attorney’s fees (Doc. 21) is granted.

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Plaintiff is awarded $4,039.63 in attorney’s fees pursuant to 28 U.S.C.
§ 2412 and $400.00 in costs pursuant to 28 U.S.C. § 1920.

Dated this 12th day of September, 2014.

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